Consumer Rights: MoneySavingExpert.com discussion

Art_2

You're assuming an engineer's report will find conclusively there is a manufacturing fault. It may not. If Dell dispute the findings you are back to square one.

I would still advise talking to Dell in the initial stages.

Regards,
Art.

hayley11

I'd also suggest talking to Dell, assuming you bought it direct from them? If they are refusing to replace/repair it, quote the sale of goods act to them, if that doesn't work, say you are going to contact trading standards. There's no way I would pay anything when it's clearly a manufacturing fault, it shouldn't be breaking after just over a year.

Art_2

Whilst it is likely to be a manufacturing fault it is not certain to be. Before you can be sure a report is necessary. That's why I recommend talking to Dell in the first place.

Regards,
Art.

shaggy

thanks all for the replies. I bought the laptop direct from Dell. And quoting the Sale of Goods act to an Indian call center person on the other end will not do much use will it? They will not understand a thing I'm saying !! I really need to talk to a European rep who actually might know the law in the UK.

To those who suggested an Engineers report - where might i get one of these from? And who in Dell do i need to talk to? Their sales dept? IT Tech support?

The laptop cost £399 or thereabouts if i remember rightly.

Eddie_Doherty

:eek: I have a big problem. Well, not THAT big, about size 9 1/2 big to be precise. Before you go making up "Carry On" style innuendo, I am talking about my feet. I needed to replace my old trainers, bought for £6 each in a real bargain from Decathlon Superstore ar Surrey Quays about 7 or 8 years ago. They have finally given up the ghost.

I was beginning to think that I was some kind of freak because, having walked all over Watford looking in many cheap show shops and retailers, none of them sold footwear in half sizes. I can only assume this excludes half the population from shopping with them, or I am indeed a freak of nature for having odd sized feet.

Anyway, I finally looked in the Sports Direct shop inside the Harlequin shopping centre and found that they do sell 1/2 sizes. They had a whole wall full of the flashy trainers that are all the rage, but there were also boxes piled up with trainers displayed above them in the aisle at more reasonable prices matching the other shops. I saw a style that I liked in both laced and velcro fastenings. As one of these was the one on display, I grabbed it and put it into the empty box and bought both on the spot at £19.99 each. I even praised the staff for selling half sizes. My mistake was, in my haste and relief at finding my size, that I did not try them on in the shop. It was busy and I have never had a problem with trainers before. I did not try the old ones on when I bought them.

Naturally, when I tried them on at home a few days later, I found that they were a bit narrower than my old ones and pinched my little toes. I held them up against the old trainers and could visibly see a small difference in the width. So, I returned to the shop at the earliest convenient time, exactly 1 week after buying them, complete with the receipt in all good faith, and asked to exchange them for a different make that were better fitting. They agreed and I tried on several other trainers of a similar style, but they all had the same problem. I did not try on anything too different as that was not what I had wanted in the first place, just plain white trainers.

I returned to the counter and explained that I could not find a suitable replacement and so, unfortunately, I would have to have a refund. Then came the "company policy speech" and the pointy finger to the notice stuck to the counter stating no refunds, only exchanges or credit notes. I pointed out it also mentioned my statutory rights, and as they could not offer me a suitable exchange, I should be entitled to a refund. I then had to speak to the manager who said that refunds could not be given out in the shop and I would have to write to head office. How convenient!

I have just received their reply, stating that it is company policy to only offer an exchange or credit note on purchases that were of merchantable quality and fit for purpose intended and just because an item doesn't fit an individual does not mean that it has a manufacturing fault. They said it was my responsibility to ensure an item fits befoire purchase and that they are not offering me a refund but would still allow an exchange or credit note.

I am livid! Yes, I should have tried them on, but lots of people do this then wear them at home when they haven't been walking around all day and find that they fit differently and still need to change them. My feet were already aching when I was in the shop and I may not have even noticed the discomfort at the time. I was perfectly prepared to accept an exchange for a similar product in my size, but there wasn't one available. A credit note is not going to help me put food in the fridge as I am on benefits and don't need to spend £40 on something else I don't actually want or need, just to satisfy their company policy. I had explained my situation in my letter, but they don't seem to care. I even gave this web site a brief mention in the hope that it would have a positive effect, but it made no difference. I have since found similar trainers in TK MAXX and have bought them both. I DID try both of these on this time, although, oddly, I have since noticed that one of them is only size 9 and was on the wrong shelf but fits just fine. Go figure? At least their sales assistant told me I could return them within 14 days and didn't rely on something on the counter that could easily be covered up by the very thing you were purchasing. I had better try them on again!

So, can anybody clarify whether my claim for a full refund is justified under these circumstances? Thanks:A

Eddie

Art_2

Basically, as there is nothing wrong with the trainers the store is under no obligation to give you a refund. The onus is with you to check that they fit before purchase.

Regards,
Art.

hayley11

As Art says, it is your responsibility to make sure they fit, they don't actually have to offer you anything at all, they haven't done anything, so them offering you an exchange or credit note is them actually going above and beyond what is required of them by law. Some companies do offer full refunds within a certain amount of time if you change your mind (or it doesn't fit) but they don't have to, it's completely up to them.

And I actually don't think you should be quoting MSE because it's nothing to do with them at all, not sure what you thought that would achieve actually.

I would take your credit note/exchange and be happy with that because it's the best you're going to get.

And least now you've learnt to try things on before you buy them

4743hudsonj

shaggy wrote: »

thanks all for the replies. I bought the laptop direct from Dell. And quoting the Sale of Goods act to an Indian call center person on the other end will not do much use will it? They will not understand a thing I'm saying !! I really need to talk to a European rep who actually might know the law in the UK.

To those who suggested an Engineers report - where might i get one of these from? And who in Dell do i need to talk to? Their sales dept? IT Tech support?

The laptop cost £399 or thereabouts if i remember rightly.

ok lol well you argument is with dell then. basically as art suggested, try calling a uk line and requesting it to be fixed at no charge, if you get it below £100 go for it as your other option will cost around this.

Now as i said before if this doesnt work you can rely on the sale of goods act for p to 5 years, you need to email fax or write (NOT PHONE) them stating your case, but under the sale of goods act, it is only up to the company to prove a fualt up to 6 months from the start of the contract, after that it is your responsibility, this means that in order for you to get anywhere you need to prove there is a fault with the laptop by taking it to an IT specialist and getting them to run full diagnostics and provide you written confirmation of their findings.

Now, to get one of these reports i would first try dell themselves, see if they allow you to pay for this service as they cannot deny their own findings (or i hope they cant lol), if not try the tech guys at pc world, im not sure if they supply it to computers not bought at pc world etc but worth a try. if all else fails ring around the yellow pages for local it specialists seeing if they can provide you one.

then if any of them find anything send a photocopy of this in with your letter and a photocopy of your receipt and give them 2 weeks to reply, say that if they do not then you will begin small claims court proceeding.,

Warning - it might be obvious but to be sure, dont send the letter in if there are no findings in the report, or if they put it down to abuse, you will just be wasting time that way.

regards

sresra

Hello
I am looking for some advice. I bought a Russell Hobbs steam generator, about £70, iron in July 2007 from Tesco on the advice of a friend. It stopped generating steam this week, kind of defeats the purpose!
I checked the manual and emailed Russell Hobbs and followed their instructions but no luck!
I phoned Tesco electrical help desk who said to try in store, it was down to the managers discretion, somehting that was flatly denied by the manager of Tesco in Glasgow.
Although it is outwith the warranty, I do not feel that it was fit for the purpose sold breakind down after such a short period of time. Manager of Tesco said I could phone Trading Standards but sadly he could not provide a refund or replacement.
Any thoughts or advice?

4743hudsonj

sresra wrote: »

Hello
I am looking for some advice. I bought a Russell Hobbs steam generator, about £70, iron in July 2007 from Tesco on the advice of a friend. It stopped generating steam this week, kind of defeats the purpose!
I checked the manual and emailed Russell Hobbs and followed their instructions but no luck!
I phoned Tesco electrical help desk who said to try in store, it was down to the managers discretion, somehting that was flatly denied by the manager of Tesco in Glasgow.
Although it is outwith the warranty, I do not feel that it was fit for the purpose sold breakind down after such a short period of time. Manager of Tesco said I could phone Trading Standards but sadly he could not provide a refund or replacement.
Any thoughts or advice?

well problem is you need to fork out to prove there is a fault by getting it examined to get anywhere.

you can try again, dont say its not fit for purpose as it blatantly is (i ironed your clothes for over a year...) BUT it is not of satisfactory quality that a reasonable person would come to expect under s14 of the sale of goods act

if they still dont budge then you need to write or email tesco's customer service head office with your issue and a report of the fault from when you pay to get it examined(only do this if asking again doesnt work). tell them they have 14 days to respond and if not then you will begin small claims